State v. Shalom Money Street, LLC

The opinion of the court was delivered by

ESPINOSA, J.A.D.

In this condemnation ease, both the State and the property owner filed appeals from the commissioners’ award fixing just compensation for a temporary taking. The issue before us is whether the trial court may reinstate the commissioners’ award over the parties’ objection after dismissing their appeals sua sponte. For the reasons that follow, we conclude the trial court may not do so.

Defendant, Shalom Money Street, LLC (Shalom)1 owns a commercial property on Route 46 that measures in the Borough of Lodi 0.728 acre. In March 2009, the…